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TMI Blog1988 (11) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 5 of the Limitation Act to condone the delay but we are of the opinion that no such application has been filed yet and it does not appear to us a bona fide mistake of the Advocate as the provisions of law, if any care bad been made to go through them, are clear and most unambiguous, and do not admit of two interpretations. Under section 18 of the Ordinance, an appeal lies to this Court from the judgment not being a judgment of the single Judge and a judgment passed under revisional jurisdiction. The Rules of the High Court of judicature for Rajasthan, 1952 were framed and they shall be presently referred to as the Rules and under rule 134 provision has been made for special appeals and special appeal under the aforesaid Rules has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter taking the order as of 2nd February, 1987. The office examined the matter afresh and in its report dated 17th September, 1988 has reported that no certified copy of order was filed, along with memorandum of appeal. The impugned order was made on 2nd February, 1987 and the certified copy was only filed on 3rd August, 1988. Therefore, the period between 2nd February to 3rd August, 1988, is to be taken into consideration and the special appeal is barred by 520 days. The office has also examined the case with a different angle and has reported that if the period is to be calculated from the date of the order, i.e., 2nd February, 1987 to the date of filing of special appeal, i.e., 30th March, 1987, then it comes to 58 days and as such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and it is not the case that in any of the special appeals filed against the order in three revisions disposed of by the order dated 2nd February, 1987, the certified copy was filed within time. We have already said earlier that Mr. Bhojwani sought time to file an application but in the facts and circumstances of this case, even though the application having not been filed along with special appeal under section 5 of the Limitation Act could have been filed at any stage but in this case after a lapse of such a long period by which the appeal is time-barred, we are not inclined to grant time to the learned counsel for the appellants, who came to know even earlier that the court has ordered the office to make report in respect of limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be filed along with memorandum of appeal. We have already made a reference to rule 134 of the Rules of the High Court of judicature for Rajasthan and the said rule is unambiguous and does not admit two interpretations and the word "shall" has been used, certified copy must have been filed along with memorandum of appeal. In a case of present nature, though as said in the earlier case even if an application under section 5 of the Limitation Act is not filed along with memorandum of appeal the same could be allowed to be filed later on but no efforts have been made for more than a year in this case and in the earlier case to move an application under section 5 of the Limitation Act and, therefore, for the reasons already given in Special Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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